Maritimes & Northeast Pipeline, L.L.C.

First Revised Volume No. 1

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Effective Date: 12/01/1999, Docket: RP99-500-000, Status: Effective

Original Sheet No. 242 Original Sheet No. 242 : Effective

 

GENERAL TERMS AND CONDITIONS

(continued)

 

8. CURTAILMENT (continued)

 

(d) affirmation that no alternate fuel could be utilized

or is available to be utilized to prevent the

necessity for an exception to the curtailment

provisions of this Section 8.6; and

 

(e) affirmation that, if the Emergency Situation is an

environmental emergency, the Customer has made and

continues to make all feasible efforts to resolve the

environmental emergency, including requests for

waiver, exemption, and other relief from any

regulation, directive, order or other equipment of a

governmental body.

 

Customer shall provide Pipeline immediate notice of the

cessation of the Emergency Situation.

 

Notwithstanding any provision of this Section, however,

Customer shall not be entitled to relief under this

Section: (1) to the extent that an Emergency Situation is

due to the Customer's failure to have adequate

transportation arrangements in effect for the delivery of

Customer's gas at the Point(s) of Receipt or Delivery

during the relevant period, or (2) to the extent that the

quantity of gas required to meet such Emergency Situation

exceeds such Customer's firm contractual rights.

 

Pipeline shall not be liable for granting exceptions to the

curtailment provisions of this Section 8 for any Customer

based upon a request submitted by any such Customer to

Pipeline under the Emergency Situation relief provisions of

this Section 8.6. In the event Customer does not provide

the sworn statement as required by such Section, then all

quantities attributable to the adjustments made by Pipeline

shall be billed, in addition to all other charges, at a

rate of $50 per Dth. All revenues attributable to such $50

per Dth charge shall be credited, pro rata on the basis of

the increase in curtailment caused by the invocation of

Section 8.6., to those Customers curtailed to a lower

quantity as a result of the anticipated sworn statement.